Blog

Unconstitutional DUI Stops: A case study from Lee County Illinois An officer has the right to pull over a driver if they have a reasonable suspicion that the driver was in violation of the law. Without having a reasonable suspicion, the stopping of a vehicle is in violation of the Constitution. A Lee County DUI…

Motorcycle DUI with a BAC of .183 Dismissed The Stop: My Client was driving his motorcycle with his wife as a passenger. A police officer was standing on the side of the road after stopping a different vehicle. As my Client drove by the police officer, he was yelling at his wife to “shut…

Police Officer States, “You Ripped Me Apart”: In April of 2018, I held a Statutory Summary Suspension hearing at the Daley Center. The hearing resulted in the Judge throwing out the license suspension. The Judge ruled that the police officer did not have reason enough to stop my client’s vehicle. Reason for the Stop:…

DUI with a BAC (Blood Alcohol Concentration) of 0.187 License Suspension Rescinded: I recently had a Statutory Summary Suspension rescinded (thrown out) even after my Client had a BAC of 0.187 (over 2 times the legal limit). The Judge ruled that the police officer had no reason to stop my client’s vehicle. Once the Judge…

Mancow Files Lawsuit Against his Former Boss: Michael J. Young is representing Erich Muller, the radio personality and Chicago-based shock jock known as Mancow, in a lawsuit for emotional distress. The lawsuit has been filed against Muller’s former boss, Marv Nyren. Muller was prompted to file the suit when his current employer, Cumulus Media Chicago, hired Nyren as…

Underage Drinking and Driving Being convicted of a DUI will have serious consequences for anyone. However, an individual who is under 21 years of age at the time of their arrest will face more serious penalties if found guilty of a DUI. This is true even if the underage individual tests below the legal drinking…

Illinois DUI and Marijuana, THC:

Like much of the country, Illinois’ laws regarding the use of marijuana, both for medical as wellas recreational purposes, have been shifting. The use of medical marijuana is legal in Illinois. Furthermore, the possession of small amounts of the drug is now considered a civil offense rather than acriminal one.

Until recently, Illinois had a zero-tolerance approach to driving under the influence of marijuana. But as of July 29th, 2016, this law has changed to create a legal limit for the amount of THC aperson may have in their blood while operating a motor vehicle.

What is the legal limit for THC?

The new law operatessimilarly to DUI’s for alcohol. Most people are familiar with the legaldriving limit for a person’sblood alcohol level, which is .08%. A driver over 21 with a blood alcohol level below the legal limit will not typically be guilty of driving under the influence. However, marijuana, the level set is 5 nanograms of THC per ml of whole blood. If other bodily fluids,such as saliva are tested, the limit is 10 nanograms.

How much THC is 5 ng?

The new law is not without its critics. This is in part because THC levels do not seem to be asclear of an indicator of intoxication as blood alcohol levels are. Whereas, many studies have shown astrong link to the .08% blood alcohol level and impaired driving abilities. The same does notseem to be true of THC, which does not pass through the body in the same way as alcohol. As aresult, it is extremely difficult to determine when a person might be over the legal limit.While the amended law’s way of handling marijuana–related DUI’s has flaws, Whereas it is unarguably amore lenient stance than the previous zero-tolerance law, which made it possible to convict aperson of a DUIweeks after the person used the drug based on the findings of trace amounts ofTHC in their system.

I use marijuana for medicinal purposes, can I get a DUI?

You can be convicted of a DUI for driving while you are under the influence of medicalmarijuana. Being allowed to use medical marijuana does not authorize you to drive while you areunder the influence of the drug. Furthermore, this is true of other prescription medications as well.

Getting a DUI, whether it is for alcohol, marijuana, or other substances, can seriously impactyour life.

If you are facing a DUI, you should speak with an experienced DUI attorney.

Contact the Law Officeof Michael J. Young at (708) 410-0090 for a free, no-obligationconsultation.

Ogle County, Oregon, Illinois: I have been handling cases in Ogle County, (Oregon Illinois) for over 22 years. These cases include DUI and other criminal matters. This courthouse benefits from its small town feel and genuine friendliness. Ogle County has a new courthouse which was built directly west of the old courthouse. If…

First Court Date: On the first court date in a DUI or criminal case several events happen. First, your attorney will file an Appearance. You may have an arraignment. Further your attorney will enter a plea of not guilty and request discovery. Lastly, the case will be continued for further proceedings. What is an…

What is a Police Report? A police report is a document that a police officer fills out after he or she arrests a person. It contains information about the person arrested, the victim (if any), and what happened to justify the arrest. These reports are typically typed and are usually one to two pages long.…